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08-28-1995 City Council MinutesCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL AUGUST 28, 1995 1. EDA Meeting Minutes under separate file. 2. Mayor Norman F. Freske call meeting to order at 6:30 PM_ Mayor Freske called the City Council Meeting to order at 6:55 PM. ROLL CALL: Norman F. Freske, Mayor; Councilmembers: Suzanne Ackerman, Ron Black, Larry Fournier and Vern Heidner. Staff: Andy MacArthur, Attorney; Bob Kirmis, Assistant Planner; Larry Koshak, Engineer; Elaine Beatty, Clerk/Zoning Administrator; Phyllis Boedigheimer, Business/Finance Director; Judy Hudson, Deputy Clerk; Carol Olson, Secretary; David Chase, Maintenance Supervisor, also attending was Merland Otto from Hakanson, Anderson Associates. 3 Consider Agenda Approval oval (Deletions or Additions). Additions: CM Fournier requested: 7.5. EDAAC Home Extended Business Ordinance CM Fournier motioned to approve the City Council Agenda as amended. Seconded by CM Black. All in favor. Motion carried. Removal of Consent Agenda Items: CM Fournier requested: 6.3. Consider a Resolution establishing a 125 Insurance Plan 6.4 Consider Elk River Fire Contract Mayor Freske requested: 6.6 Consider Gerry Wenner Dept. of Trade and Economic Dev. attending Vision Session 4. Consider Minutes: a. August 14, 1995 Council M . , ingMks. CM Black motioned to adopt the August 14, 1995 City Council Minutes with the noted correction. Seconded by CM Ackerman. All in favor. Motion carried. Discussion: CM Heidner noted on Page 4, CM Ackerman received 20 phone calls not 50. Otsego City Council Meeting of August 28, 1995, contd. Page 2. 5. Open Forum: (5 minute limit) Marti Carrol. 8710 OBrian. Mrs. Carrol reported an incident she recently experienced. She picked up a stray Cocker Spaniel, took the dog home with her, gave it care for three days. She called different agencies to find the original owner. The dog bite her. She called Wright County Sheriff's Office and Deputy Matt Walker came out. There wasn't anything he could do with the dog. The St. Michael Vet Clinic put the dog down for her. She incurred medial expenses. Marti's concern was she felt abandoned and had no resources to turn to for help. She would like to see the City investigate services for this type of emergency situation. Mayor Freske went over the background of trying to obtain a Dog Control Service for Otsego. The City Council requested City Staff to investigate and do a recommendation. Steve Ackerman, 8217 Packard Avenue NE. Steve spoke in support of Marti Carrol's request. George Melby. 15534 96th Street NE. Mr. Melby appeared at Open Forum regarding the Firearms Ordinance. He has had a trap shoot at his home for about 20 years. When he first read the Firearms Ordinance he thought he would still be able to have his trap shoot by permitted use. He was referred to the City Attorney, Andy MacArthur. Mr. Melby said the attorney told him that since the Ordinance doesn't say trap shoot, it's not allowed and he suggested he go before the City Council. Mr. Melby feels the Firearms Ordinance should be amended to include a trap shoot as a CUP. He said he had previously gone to the County for permission, but was told this was legal. CM Heidner reported that Mr. Melby was on the Firearms Ordinance Committee and the CUP issue was specifically discussed. The Committee did not allow for this because of the population in this area. Andy MacArthur stated that according to the Ordinance a trap shoot in the R1 area is not a permitted use or is a CUP allowed. Mr. MacArthur did explain to Mr. Melby he could apply to have the ordinance amended, which is initiated by the City Council. After much discussion, the City Council concluded that this issue was discussed by the committee, a Public Hearing was held, the Ordinance was just adopted and need to give it a trail period. They also explained to Mr. Melby, if he requests an amendment change, he will incur all costs. Otsego City Council Meeting of August 28, 1995, contd. Page 3. CM Black motioned to approve the Consent Agenda, except for Items 6.3, 6.4, and 6.6.. Seconded by CM Fournier. All in favor. Motion carried. CM Fournier stated his reason for removal of Item 6.3. was to give Phyllis Boedigheimer more time to gather additional information. Phyllis stated she had a Resolution prepared, and could be signed contingent upon approval of City Attorney. CM Fournier motioned to place Item 6.3 on the next City Council Agenda. Seconded by Mayor Freske. Discussion: CM Black stated he had no objections approving the Resolution subject to the approval of the City Attorney and Auditor. Phyllis briefly explained the 125 Plan. CM Fournier withdrew his motion and Mayor Freske withdrew his second. CM Heidner motioned authorization of the Resolution subject to approval by City Attorney and City Auditor. Seconded by CM Fournier. Discussion: CM Black requested written approval from Abdo and Abdo and Eick. All in favor. Motion carried. Regarding Item 6.4., Elk River Fire Contract, CM Fournier requested Andy MacArthur's opinion on a two year contract. Mr. MacArthur explained that he hasn't reviewed this information. CM Black stated his preference are for one year contracts, especially in the area where Elk River serves. The reason is because of the growth in this area and the possibility of discussing a Satellite station. CM Fournier motioned to approve the 1995 Fire Contract with the City of Elk River. Seconded by CM Black. All in favor. Motion carried. Regarding Item 6.6., Mayor Freske was concerned with Gerry Wenner attending the Visioning Session, feeling that only City people should attend. Phyllis Boedigheimer recommended having Mr. Wenner attend for the purpose that he could pull it all together, and summarize it. It was agreed that he give no presentation. CM Black motioned to accept Phyllis Boedigheimer's recommendation of inviting Gerry Wenner to attend the Visioning Meeting on October 16, 1995. Seconded by CM Fournier. All in favor. Motion carried. 7 Bob Kirmis. Assistant City Planner: 7.1. Consider Request for owner HilaryBaii:y and Wilfred L.indenfelser RE- PID #118-500-284300 (70th and Odean Ave NE): Bob Kirmis went over the requests and the NAC Report. The Planning Commission recommended approval. Otsego City Council Meeting of August 28, 1995, cont'd. Page 4. CM Black motioned to accept the Planning Commission's Recommendation to Rezone from A-1, Agricultural (Rural Service Area) to A-2, Agricultural (Long Range Service Area). Seconded by CM Heidner. All in favor. Motion carried. Discussion: CM Heidner asked how large of a section is being rezoned. Bob Kirmis said 52.3 acres allowing a 4 per 40. B. Preliminary Plat to allow 5 lots (clustered). CM Fournier motioned to approve the Preliminary Plat subject to the conditions of the NAC Report of August 3, 1995, and to delete the road escrow amount the Planning Commission recommended and to include the City Engineer's recommendation of obtaining a drainage easement over Lots 6 and 7 of Block 2. Seconded by CM Black. All in favor. Motion carried. Discussion: CM Black asked what the rationale is for the escrow. Bob Kirmis said for some type of assurance that the street would be constructed at some point. Larry Koshak discussed including a drainage easement over Lots 6, 7 of Block 2, accommodating drainage. Hillary Barry said the plat they plan to develop is 5 lots in the SE corner of this parcel, by deleting the road to the west, there is no additional runoff into the areas they are discussing. He stated that they feel strongly not doing this now. In the future, they would be willing to do this upon future development Larry Koshak stated there are minor corrections to be made. If impact fees are collected now for future facilities, they will be given credit for the future plat of this area. Mr. Koshak sees a need now to acquiring easements to address current problem. There is a culvert draining to the farmland on other side of the road. Easement would require less than half a acre to put a pond there to restrict the flow to other side. Hillary Barry said there is no water problem there now, except for what the County put there. Mr. Koshak informed him that the City will give him credit now for that easement. Mr. Barry said he hadn't previously understood this. Mr. Koshak informed the Council that this can be addressed through the Developers Agreement. Bob Kirmis went the NAC Report of August 6, 1995. The Planning Commission recommended approval of this CUP. CM Fournier motioned to approve the Conditional Use Permit for more than one accessory building subject to the conditions outlined in the NAC Report of August 6, 1995. Seconded by CM Heidner. All in favor. Motion carried. Otsego City Council Meeting of August 28, 1995, cont'd. Page 5. 7.3- Consider Amendment to Nuisance Ordinance Re: On Street Parking. Bob Kirmis said this relates to complaints the Staff and Sheriffs Department have been receiving. This issue could be addressed under the Nuisance Ordinance which presently, it doesn't specifically address. Another option would be a Public Safety Section . Andy MacArthur recommends addressing this in a Public Safety Ordinance and at the same time consider other issues. The City Council directed City Staff to look into this, coordinated with Elaine Beatty. NONE CM Fournier motioned for the Planning Commission to hold a Public Hearing for the Home Extended Business Ordinance. Seconded by CM Heidner. All in favor. Motion carried. Discussion: The Council stressed that the Pubic Hearing should be held as soon as possible for Planning Commission recommendation of this Ordinance as prepared by the EDAAC. Recommendation should includes reasons for and/or against but not to reconstruct the Ordinance. CM Heidner would like a copy of minutes when the EDA met with EDAAC or City Council and distributed . 8_ Andy MacArthur, City Attorney* 8 1 Consider An Amendment to the Subdivision Ordinance concerning Park and trail Dedication Fees, Andy MacArthur went over his letter of August 24, 1995 and proposed amendment (attached). Merlin Otto gave a brief history of the Park and Rec. recommendation of Park and Trail Fees. CM Black motioned to adopt the Park and Rec. recommendation of $1,000. per dwelling unit or 10% of the gross land area being subdivided for Residential Development; for Commercial and Industrial Development, 10% of the gross area being subdivided or 10% of the fair market value of the undeveloped land and Trail Fees at $150. per dwelling unit. Seconded by CM Heidner. VOTING FOR: CM Ackerman, CM Black, CM Heidner VOTING AGAINST: CM Fournier, Mayor Freske Motion failed for lack of a four-fifths vote Discussion: CM Black's reason for this motion is because the PR has extensively studied this issue and he agrees with the numbers. CM Fournier stated he is against this motion, he understands the needs of the PR but feels going from $350. to $1,000. is too much, and these amounts could be reviewed annually. CM Black pointed out that no one is currently developing land except for one. He also doesn't want to have to go through this annually. Otsego City Council Meeting of August 28, 1995, cont'd. Page 6. CM Black felt that the residents moving in can help support the Parks. Mayor Freske stated this does affect our residents with these higher fees. CM Heidner stated the $350. was too low. CM Fournier motioned to set the Park Fee at $700. per dwelling fee for Residential and the Trail Fee at $100. Commercial Fees to remain as recommended by Park and Rec. Seconded by Mayor Freske. Voting For: CM Fournier, Mayor Freske Voting Against: CM Ackerman, CM Black, CM Heidner Motion failed for lack of a four-fifths vote. Discussion: CM Black asked for clarification why the Park and Rec. Recommendation is being rejected. Mayor Freske noted that he doesn't go along with that big of an increase, and it does affect the residents in Otsego. CM Heidner noted that it rarely affects existing residents. CM Fournier thought it would be difficult to show impact for that large of amount. Andy MacArthur said you can show impact at $1,000. CM Black noted that if this motion fails as the previous motioned failed, then there shows a minority support of Parks. Mayor Freske said he agrees there should be a increase, but not at the proposed rate. He also noted that he does support the Parks. CM Fournier also stated he is in support of Parks and if this motion fails, the rate will remain at $350. 8.2_ Consider Planning Commission By -Laws Elaine Beatty noted Andy MacArthur reviewed the By -Laws with one change to the last sentence of 2. A.: The Chair may call special or emergency meetings, providing notice pursuant to the Open Meeting Law, Minn. Stat. 471.705, Subd. 1 c. Elaine noted that the Chair of the Planning Commission agreed with this change of wording as being a clarification. CM Fournier motioned to approve the Planning Commission By -Laws with the suggested change as noted by the City Attorney. Seconded by CM Black. All in favor. Motion carried. 8.3. Consider Resolution for Long Haul Industrial Site Andy MacArthur went over the proposed resolution regarding provision of City Funding assistance. Phyllis Boedigheimer noted that in John Gries' letter, he indicates interest at 7%. She recommended not to agree to that kind of interest rate. CM Fournier stated the City Council agreed on a $65,000. as a total package and he could only support that amount. CM Heidner doesn't want to pay interest, but talked about other incentives such as; for each additional lot built on, an additional $500 credit be added, until the end of a 10 year period after taxes are paid. Otsego City Council Meeting of August 28, 1995, cont'd. Page 7. CM Black also didn't agree with interest being paid, he see merit in CM Heidner's concept. Phyllis Boedigheimer stated that the City should be aware of other possible financial changes, i.e. TIF, but she liked CM Heidner's suggestion. CM Heidner motioned to direct the City Attorney to draft an agreement with Long Haul Trucking for City Assistance to the developer of Otsego Industrial Park; specifying the assistance of $65,000. to be paid to the developer over 10 years and to include in the agreement an incentive during that 10 year period of $500. per year, per additional developed parcel; after real estate property taxes are paid on that additional developed parcel. Seconded by CM Ackerman. All in favor. Motion carried. 8.4. Any other Business. CM Fournier motioned to bring back to the Agenda to reconsider Park and Trail Fees. Seconded by Mayor Freske. All in favor. Motion carried. CM Fournier motioned to set Park Dedication Fees for Residential per dwelling as follows: Year 1 (1995) - $750.00 Year 2 (1996) - $850.00 Year 3 (1997 and thereafter) - $950.00 or 10% of the gross land area being subdivided for Residential Development. Whether land or cash value will be required is left solely to the discretion of the City. Trail Fees set at $125.00 per dwelling. Commercial and Industrial Development, 10% of the gross area being subdivided or 10% of the fair market value of the undeveloped land. Whether land or cash value will be required is left solely to the discretion of the City. Seconded by CM Heidner. All in favor. Motion carried. 9. Larry Koshak, CityEngineer_ 9.1_ Municipal Well Update Larry Koshak reported that since the last City Council Meeting, Traut Wells was hired to flush the water lines and do additional testing and did so on August 17 and 18th. There were representatives from the School who witnessed this. Sand was found to be accumulating, and this will have to be watched. Dr. Flannery asked Mayor Freske to have a meeting at the school. Attending were: Larry Koshak, Kevin Kielb, Mayor Freske, Ron Erickson of KKE, Ron Brathe Director of Support Services, Roger Renner, Well expert hired by the School District, and Dr. Flannery. Larry reported that this was a good meeting and a lot was accomplished. Dr. Flannery appreciated the meeting and now can go back to the School Board and report that they have a good well. The School requested two things: 1. City to monitor the well bottom periodically (Traut Well was ordered to put a tube down the well for $350.) 2. To have an emergency motor available. Mr. Koshak suggested to make an arrangement with Renner, for a rental agreement. One other issue was an Emergency Procedure. Larry Koshak suggested a Problem Failure List. Duane Fielder would be called first, Custom Electric for electrical, etc. Larry would put together a Check List for Duane. Mr. Koshak also met with the Fire Marshals and Otsego City Council Meeting of August 28, 1995, cont'd. Page 8. answered their questions. CM Heidner asked how their Sprinkler System is controlled. Larry said the building was built for a rural system with fire doors and it doesn't need a large flow. Larry felt this is well taken care of. CM Fournier asked if there has been any more information about the pump failure. Phyllis Boedigheimer stated she hasn't heard anything but will follow up on this. 9 Otsego Pr irie Park Update Merland Otto reported that the City will be short of fill required. Fehn Construction has ceased working pending further instructions. The original calculations were too low, the compaction ratio was higher than allowed. They were counting on more top soil than what is there. There may be some more material coming in. Merland suggested 3 options to complete project: 1. Blade off and leave as is, contract would be changed 2. Finish the South 2 ball fields, appears to be net increase of $6,990 3. Finish the 2 South and 1 North ball fields of a increase of $9,400 What is in the project so far is: All purchases and contract items (not necessary purchased) - $61,231.69 billed though August 9, 1995 - $70,500.00 Improvements to complete seed and mulch, install backstop and 1580 ft of trail - $19,640 Merland stated this appears to be close to budget. Merland recommended Option 3. A change order is needed and he has the documents available. Dave Chase reported there is about 400 CY of dirt. He doesn't feel he could move it himself. He will get a total of 500 CY. Estimates a $120 per hour for scraping. CM Fournier asked for the total cost of change order. Merland said to delete the Ag. Lime of $4,200 for a net increase of $6,150. CM Heidner pointed out this will take away the Park Reserve. CM Black motioned to authorize a Change Order for $6,150.00; the Contract Bid should be investigated to see if work has been done according to the Site Plan; if David Chase can't move top soil, Fehn Construction is authorized to move it, blade it off at $120.00 a hour for 5 hours and add 100 CY of top soil. Seconded by CM Fournier. All in favor. Motion carried. Discussion: Randy Marsh asked why this Change Order is needed. He felt it should be the responsibility of the contractor. Mr. Marsh expressed the plan itself wasn't in error and the other two bidders knew it wasn't and builder should build according to plan. His firm had built this into their bid. Mr. Koshak replied a lot more expensive testing could have been done to better determine this, and that any contractor would have run into this. CM Black noted that the concerns Randy Marsh raised should be checked out. CM Heidner requested that the Parks and Rec. be made aware of this and that this will deplete their Fund. Otsego City Council Meeting of August 28, 1995, cont'd. Page 9. 9-,3- [Ipdate on CSAH #37 and Odean Avenue Project Larry Koshak reported CSAH 37 and Odean is open to traffic. It has been too wet to completely finish the project. Mr. Kolles lost a calf due to lack of silt fencing and this is a responsibility of the contractor. Jim Lefebvre's alfalfa field had some damage due to the water drainage. Mr. Koshak will be addressing these issues. 9.4- Discuss Stormwater Impact Fees Larry Koshak discussed attaching an amount as an Impact Fee to the developers. CM Fournier motioned to authorize City Engineer to prepare letter outlining impact fees. Seconded by CM Black. All in favor. Motion carried. Discussion: CM Heidner asked how many hours Larry Koshak needed for this. Mr. Koshak estimated $500. Phyllis Boedigheimer said she will be transferring money from the Road and Bridge Fund to the General Fund and will be covered. 9-5- Any Other Engineering Business Mayor Freske inquired about the MSA Funding due to a report he read about MnDOT modifying it. Mr. Koshak informed the Council its not MnDOT but the City Engineers meeting with MnDOT and MSA is changed every year. 10 1 Consider the PC Sub -Committee's Recommendation of reduced lot sizes in the R-1 Area Wild and Scenic Zoning_ CM Black motioned to take no action on any modifications to the Wild & Scenic District. Seconded by CM Ackerman. All in favor. Motion carried. Discussion: CM Fournier thought it would be appropriate to look at this when we update the Comp. Plan. CM Black was concerned with opening this issue, the current ordinance has been completed. CM Heidner was concerned with costs of changing. 10-2- Set Fire service Amounts a. Elk River b. Albertville c. Monticello CM Fournier motioned to accept Staff's recommendation of continuing this Item to the September 11, 1995 City Council Meeting. Seconded by CM Black. All in favor. Motion carried. 10-3- Discission of a fee for Utility Permits (Cont from 8-14-95 Agenda to receive more information from Phyllis Boedigheimerl Phyllis Boedigheimer reported she called neighboring cities. Monticello has a Franchise Agreement with no fees, but notification is received from each utility company. CM Fournier sees no fees, but sees a need for a method of notification. Otsego City Council Meeting of August 28, 1995, cont'd. Page 10. 1' �� • • -��•- •• �� u-- •� �uu-•. �� •111 CM Black motioned to table this setting a date, until the next City Council meeting. Seconded by CM Ackerman. All in favor. Motion carried. F K81"I "11 M CM Fournier wanted to bring this issue back to the City Council. CM Fournier feels that we should be kept informed and be a part of the discussion process with the County. He views this as a positive in working relationship with the County. The Council asked that CM Fournier draw up a list of his comments for review. The Council decided to leave the County Response as was mailed with Council review and no comment. 10.6. Any other Council Business_ Mayor Freske discussed the costs of the Bridge Sign (Betty Adkins). CM Heidner motioned to allocate $162. for Otsego's share. Seconded by CM Fournier. All in favor. Motion carried. MN League of Cities Seminar will be held in Anoka on September 28, 1995. Attending will be: CM Ackerman, CM Fournier, Mayor Freske, CM Black. CM Black will attend the seminar but not the dinner. 10-7. Consider Claims List for approval- CM p rp oval - CM Black motioned to accept the Claims List as presented. Seconded by CM Fournier. All in favor. Motion carried. 10.8. Adjourn by 10 PM. CM Fournier motioned to adjourn. Seconded by CM Heidner. All in favor. Motion Norman F. Freske, Mayor e' o -de y: Judy Hudson, Deputy Clerk ttest: Elaine Beatiy, Clerk CITY SEAL